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Eviction help please

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  • Eviction help please

    Hi all I'm new to this forum but have seen all the good advice you give so I hope you can give me some advice,around 2 years ago me and husband split due to domestic violence on his part,we have a joint mortgage,the police had to be called due to his behaviour and I have not seen him for about 18 months soon as he knew I wasn't taking him back,we have 5 children four of which live at home with me they don't see him either, 3 of them are dependent anyway about three weeks after he left I got an eviction notice it was the first I knew that he had not been paying

    I also found out that there was a possession notice issued in 2007, I took the notice to the council who suggested I go on the mortgage rescue scheme and she then got the eviction stopped pending this I did not have a job at the time husband would not let me so I claimed benefits, all the while the arrears were building, the mortgage rescue came to nothing due to lack of funds and the mortgage benefit was due to end so I luckily got a job,in April 2012 the mortgage company issued another eviction but I managed to come to an arrangement to pay monthly payment and 150 off the arrears since April I have not missed a payment 810 per month,in feb this year I increased payment to 900 myself.

    Then I was ill August this year off work for 4 weeks I did not get paid so asked the mortgage company if I could just pay the normal payment then oct and November the 900 again,they would not give me more than a 3 month arrangement, they agreed to this,anyway me being stupid I thought September had 31 days so payment was a day late then on the 31st of this month I paid 900 anyway then have gone ahead and issued an eviction for the 27th of this month with the reasons agreements had been broken they had not they ran out and I had to make new ones plus they say I have not kept in touch enough.

    As I told them I work full time nights plus they say the arrears are so high but since April when I took over the account I have reduced my arrears by 39700 and my mortgage balance by 7000 I have paid more than the arrangement by 59 a month I have spoken to them on many occasions they won't budge I have spoken to there solicitors who were surprised but hands tied I have been in touch with step change and done an expenditure with them and I have an appointment with shelter on Tuesday mortgage company is GE money sorry for the long post is there anything else I can be doing and is it worth paying someone one of these companies on the web that say they can save your house.plus the arrears will be paid in just over 8 years and there is 18.6 years left on the term.
    Last edited by enaid; 9th November 2013, 07:41:AM.
    Tags: None

  • #2
    Re: Eviction help please

    Originally posted by Loki7 View Post
    is it worth paying someone one of these companies on the web that say they can save your house.
    Probably not.

    Comment


    • #3
      Re: Eviction help please

      Hi + to LegalBeagles
      I've asked Site Team to chop your post into paragraphs as block text is hard to read and salient points could be missed out,,not your fault..I understand some browsers don't 'break text up'
      Anyway..Firstly...Well done you for putting a stop to the vicious cycle of Domestic Violence,,,it's very hard to do especially where kids are involved so to get as far as you have is amazing
      Regarding your mortgage difficulties,,we do have a couple of housing whizzes on LB and I'm sure one of them will pop by and help you (I'll send out the smoke signals via private message (aka PM)
      So,,,try and enjoy your weekend,there's no point ruining it by fretting..help will be on it's way

      xx

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      • #4
        Re: Eviction help please

        Thanks for that I have just finished nights but not sleeping due to all this I am a different person now can't believe I was that meek did everything I was told person a few years ago it took time it was only when his anger and abuse was threatening the children that made me acted wish I had done it a lot sooner you live and learn

        Comment


        • #5
          Re: Eviction help please

          I think most people in your situation wish they'd acted sooner but that's easier said then done (been there,said that) but now you must concentrate on your future..and getting this sorted
          I'm going to ask you to do NOTHING until you have had advice from here,,,I can't give you any advice because I don't know the answers or the correct procedure but I do agree with Cloggy... don't persue the 'online, save your house but cost a fortune' sites.
          It's the weekend so folks will be having a 'lie in' etc but help will arrive so try and get some rest.
          You've done the right thing,positive actions by coming on LB and I promise you,you WILL get help and advice

          Comment


          • #6
            Re: Eviction help please

            Thank you I will keep checking back

            Comment


            • #7
              Re: Eviction help please

              Originally posted by Loki7 View Post
              Thank you I will keep checking back
              I'm so glad to see you have an appointment with Shelter on Tuesday because they are the best at sorting this kind of problem. Between now and then get together as much paperwork as possible so whoever starts helping you will have the full picture. I'll just comment on a few things for you to ask them to consider:

              If the mortgage is in joint names and there was a suspended possession order granted by the court without your knowledge in 2007 then you may be able to apply to have this set aside since you didn't attend the hearing. Was there a hearing or did your ex husband consent to a SPO behind your back?

              £150 per month towards the arrears sounds like an awful lot to manage. You have the right to make an application to the court to vary that original court order to something more manageable. Did the court order specify £150 per month or another figure? You can't be evicted for breaching a court order unless you have actually breached a court order. What was the amount stated in the SPO since you refer to a previous agreement to pay of £59? If GE Money have bullied you into paying them more than stated on the court order then I hope the DJ will be unimpressed and read them the riot act in court.

              Since you weren't at the original court hearing you didn't have any input into the amount agreed or ordered to pay towards your arrears. You now have a second chance to vary that order to what you can handle

              There is case law which states that a judge must consider spreading the amount of outstanding arrears over the remaining term of the mortgage. You say you have 18.6 years left. That's a long time. I can't see how much the arrears stand at the moment so post that up and we'll do the maths (well someone else will because I'm rubbish at maths!).

              This is the case law which DJ's have to respect Cheltenham & Gloucester vs. Norgan:

              http://www.bailii.org/ew/cases/EWCA/Civ/1995/11.html

              Comment


              • #8
                Re: Eviction help please

                Originally posted by Loki7 View Post
                I have reduced my arrears by 39700 and my mortgage balance by 7000 I have paid more than the arrangement by 59 a month I have spoken to them on many occasions they won't budge.
                Do you mean that you're on a repayment mortgage not an interest only one? Under Pre-Action Protocol a lender must consider changing your mortgage to interest only (and other concessions or compromises) before seeking possession of a property. An interest only loan will reduce the monthly payments drastically. These are all the things (note No 7 in particular) G.E Money should have considered before the repossession but it's still not too late. If they won't budge perhaps a judge will make them budge

                http://www.justice.gov.uk/courts/pro...t_mha#IDA2F0HC

                Comment


                • #9
                  Re: Eviction help please

                  Since which April has the OP reduced the money owed by nearly 40k or am I missing something?

                  Comment


                  • #10
                    Re: Eviction help please

                    Originally posted by Loki7 View Post
                    I have spoken to there solicitors who were surprised but hands tied.
                    What nonsense A solicitor may have a duty to their client who has instructed them to make your life living hell, but they also have to be seen to be reasonable or the judge will order costs against them when you next get to court. Who are the solicitors? Let's name and shame these parasites.

                    Comment


                    • #11
                      Re: Eviction help please

                      Originally posted by Loki7 View Post
                      is it worth paying someone one of these companies on the web that say they can save your house.
                      NO !

                      I think you may be referring to the 'Sale and Rent Back' schemes where a company buys the house off you for 20% under market value (or worse ) and then lets you live in the property on a tenancy agreement. Don't touch them with a bargepole.

                      Comment


                      • #12
                        Re: Eviction help please

                        Originally posted by Loki7 View Post
                        around 2 years ago me and husband split due to domestic violence on his part,we have a joint mortgage,the police had to be called due to his behaviour and I have not seen him for about 18 months soon as he knew I wasn't taking him back,we have 5 children four of which live at home with me they don't see him either.
                        What's the legal situation with your marriage at the moment? Have you started divorce proceedings? Regardless of his absence your ex-husband is still legally liable to pay that joint mortgage. I know you have very good reasons for not wanting to make contact with him, but this can be done by lawyers at a distance so you will be protected. Obviously not until you feel the time is right, but check out this issue so you at least know where you stand. If your ex husband's name is on the deeds of the house (it will be if it's a joint mortgage) then he will also have a financial interest in the matrimonial home which matters if you have equity in the property.

                        Why don't you start another thread in our Family Law section where we can all help you through that side of things too :grouphug:

                        Comment


                        • #13
                          Re: Eviction help please

                          Originally posted by Inca View Post
                          Regarding your mortgage difficulties,,we do have a couple of housing whizzes on LB and I'm sure one of them will pop by and help you
                          Where's the other one been hiding all weekend then

                          Comment


                          • #14
                            Re: Eviction help please

                            Originally posted by Loki7 View Post
                            I have reduced my arrears by 39700 and my mortgage balance by 7000.
                            This suggests that you now have equity in the property in which case you can ask the lender to capitalize those arrears. That means that the arrears are added to the original capital sum of the loan. When that's done you don't have any arrears so that suspended possession order is meaningless in law and G E Money can stop hounding you with threats of eviction from your home. Maybe that should be your target so you'll be able to get a good night's sleep for a change instead of lying awake worrying about all this.

                            Comment


                            • #15
                              Re: Eviction help please

                              Originally posted by Loki7 View Post
                              is there anything else I can be doing.
                              Yes there is. You can make a formal complaint to G E Money about the way you have been treated and after eight weeks you can refer your complaint to the Financial Ombudsman Service for a full investigation. There's no guarantee but normally a lender is asked to suspend all legal action while the FOS investigate a complaint. They take a hard line on the way lenders treat customers in mortgage arrears and often order the bank to pay compensation. Here are some FOS case studies to cheer you up

                              http://www.financial-ombudsman.org.u...e-arrears.html

                              Comment

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